Criminal Defense
Since 1993
Since 1993
The 44-Point Trap: How to Avoid Mandatory Prison Even If You “Score” It
By: John Guidry
Here in Orlando, our judges are well-educated and generally do a good job of playing referee between defense attorneys and prosecutors. The Bad News: Our judges don’t always get to determine a sentence. Why? Because the Florida Legislature stepped in with Minimum Mandatory sentencing structures.
The Math of Prison: In Florida, a defendant will be sent to prison if his total sentence points are greater than 44.
- The Calculation: The scoresheet adds points for your current offense (e.g., Possession = 16 points) plus your prior record.
- The Trap: It’s easy to cross that line. A few prior thefts and a new drug charge can easily push you to 48 points.
- The Result: The Judge looks at the paper and says, “Sorry, you score prison. My hands are tied.”
But are their hands really tied? Not if you know the loophole.
Did your scoresheet come back at 50 points?
You might still qualify for probation. Call John today at (407) 423-1117.
The Escape Hatch: Florida Statute 948.20
Does everyone who scores above 44 points go to prison? No. If you are a drug user who scores mandatory prison but has no plea offer from the State, we use Florida Statute 948.20.
This statute is a “Downward Departure” mechanism specifically for addicts.
The Law: “If it appears to the court… that the defendant is a chronic substance abuser… and the defendant’s total sentence points are 60 points or fewer, the court may stay and withhold the imposition of sentence and place the defendant on drug offender probation.”
Do you see the beauty of this statute? It permits a judge to ignore the 44-point prison line (up to 60 points) and give you probation + treatment instead.
Who Qualifies? (The 3 Requirements)
To use this “Get Out of Prison” card, you must meet three criteria:
- The Score: Your total points must be 60 or fewer. (If you score 61, this statute cannot save you).
- The Crime: It must be a Non-Violent Felony.
- The Kicker: It doesn’t have to be a drug charge! You can use this for Grand Theft, Felony DWLS, or Burglary of a Structure, as long as we can prove your addiction caused the crime.
- The Addiction: We must prove you are a “Chronic Substance Abuser.” This usually requires a professional evaluation or expert testimony to show a history of addiction.
If you meet these, we file a “Motion for Alternative Disposition” and ask the Judge to sentence you to treatment instead of the DOC.
John’s 2026 Update: Fentanyl & “Skin in the Game”
Note: In the past, “Outpatient Treatment” was often enough. In 2026, judges want to see serious commitment.
1. The “Residential” Requirement Because of the Fentanyl crisis, judges are skeptical of “Chronic Abusers” who just want to go home.
- The 2026 Trend: If we file this motion, most judges now require Inpatient Residential Treatment (6–12 months) as a condition. They want you to have “skin in the game.” If you aren’t willing to go to rehab, they will send you to prison.
2. “Zero Tolerance” on Fentanyl Drug Offender Probation (DOP) is strict.
- The Risk: In 2026, probation officers carry rapid-result Fentanyl strips. If you test positive once, judges often revoke probation immediately because the risk of fatal overdose is so high. They view prison as “keeping you alive.”
3. Remote Reporting (The Good News) Thanks to recent updates (like SB 878), if you are compliant with your treatment, many officers now allow Remote Reporting via smartphone apps for your monthly check-ins. This allows you to keep your job while staying compliant.
Don’t Let the Math Send You to Prison
If your lawyer told you, “You scored 50 points, there’s nothing I can do,” they might be wrong. If addiction is the root of the problem, Statute 948.20 is the solution.
Call me at (407) 423-1117. Let’s calculate your way out.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.